Schedule l and ll drugs are typically tried at the felony level in Ohio. If you have been arrested on drug possession charges, you may be wondering if you will be facing misdemeanor or felony charges. Understanding which drugs and controlled substances contribute to the level of charges you are accused of can help you determine the consequences you could be faced with. The facts of your case and the circumstances of your arrest can also influence how to proceed with your next steps.
Consulting with a Columbus drug crimes defense lawyer at Koffel Brininger Nesbitt can help you understand the charges against you and the potential penalties you could be subject to. We have been defending clients in the greater Columbus metropolitan area and throughout the state of Ohio for 30+ years. Contact our office today for a confidential case evaluation to find out how we can work for you.
Drug and Controlled Substance Scheduling
According to Ohio Revised Code §3719.41, Ohio utilizes the same scheduling process as the federal government. While this may have a bearing on the charges you face, the more defining factor will be the amount of the drug you are found to be in possession of. This categorizes nearly all substances into scheduling levels numbered one through five, dividing them based on their accepted medicinal uses and potential for abuse.
Schedule l:
Schedule l drugs and controlled substances are determined by the Drug Enforcement Agency (DEA) to have no valid medical use and have a very high potential for abuse. Common examples of Schedule I drugs include LSD, heroin, peyote, and ecstasy. Marijuana also remains on the DEA’s schedule one despite recent changes in different state laws over the past few decades.
Schedule ll:
Schedule ll drugs are considered to have very limited medicinal use but still maintain a high potential for abuse and dependency. These include drugs for which you may need a cocaine possession lawyer, a meth crimes lawyer, as well as a criminal defense lawyer for prescription drugs with a high potential for abuse, such as hydrocodone and oxycodone. These drugs can be beneficial to patients with chronic pain but are often misused and abused through theft and diverted prescriptions.
Schedule lll:
Schedule lll drugs tend to have some medicinal properties and a lower potential for abuse. Common examples of Schedule lll drugs include products containing less than 90 milligrams of codeine, anabolic steroids, testosterone, and ketamine. While these drugs can be effective when used under proper medical supervision, they can still be misused or abused.
Schedule lV:
Schedule lV drugs have generally accepted medicinal uses but still have a relatively lower potential for abuse and can still result in physical or psychological dependence. Many anti-anxiety medications fall under this category, including Xanax, Ativan, Ambien, and Soma. While these drugs have less chance of abuse, they can still be misused.
Schedule V:
Schedule V drugs are usually used for medical uses such as anti-diarrheal or analgesic purposes. Some examples include cough syrup with less than 200 milligrams of codeine and prescription drugs such as Lyrica and Motofen. With less of a possibility of abuse than Schedule lV, they can still be abused when taken in large doses.
For a free legal consultation, call 614-884-1100
The Amount Is Often More Important than the Drug Itself
Even the smallest amounts of Schedule l or Schedule ll drugs can result in felony-level drug charges. The felony drug charges in Ohio can be further divided into degrees numbering one through five. The sentencing guidelines are thoroughly outlined in the Ohio Supreme Court’s drug charge quick reference guide.
The degree of felony charge you could be facing will likely be determined by how much of the drug or controlled substance you are accused of possessing or selling. Some of these charges can result in mandatory incarceration periods. Speaking with your criminal defense attorney with Koffel Brininger Nesbitt can help you understand what penalties you could be facing.
While still technically a Schedule ll drug, marijuana has the distinction of being an exception to automatic felony charges when you are accused of possessing small amounts. If you are accused of possessing marijuana in less than bulk amounts, you may only face a minor misdemeanor charge. You can learn more about Ohio’s marijuana laws by reviewing the revised Ohio Revised Code Chapter 3780.
Possible Penalties for Felony Drug Possession Offenses
With the ultimate goal being to have charges reduced or dismissed, retaining a prestigious drug crimes attorney may be your best defense against the penalties you could be facing. While some drug trafficking charges carry minimum mandatory incarceration, possession charges could provide opportunities for drug diversion or rehabilitation programs. If no one was physically harmed or you are being accused of a first offense, even lower-degree felony charges could allow you eligibility into one of these programs.
If you are facing felony-level drug possession or trafficking charges, you may be subject to fines and incarceration. Depending on the circumstances and felony degree you are accused of, the incarceration terms you could be faced with range anywhere from several months to life, as outlined by Ohio Revised Code §2929.14. The specific details of your case will need to be evaluated by your criminal defense lawyer to help you understand the penalties you might be facing.
Building a compelling defense against the charges you are accused of is the first step toward a positive outcome. Laying out the circumstances of your arrest for your attorney, you can begin to assess what the future may hold. We can ensure your rights were not violated and that law enforcement followed their proper procedures when conducting their investigation.
Click to contact our dui lawyers today
Our Award Winning Criminal Defense Firm Can Help Protect Your Rights and Future
Koffel Brininger Nesbitt has been defending clients in Ohio for over 30 years. Our reputable legal team has built a reputation for putting our clients first. From DUI defense to criminal cases, we have represented clients from every walk of life.
Do not let an overzealous prosecutor damage your future. Police and investigators can make mistakes, and you may suffer from them. When you need to safeguard your future and defend your freedom, contact our offices or complete our quick contact form to schedule a free case evaluation today.
Call or text 614-884-1100 or complete a Free Case Evaluation form
